,

HOUSE OF REPRESENTATIVES
STATE HOUSE STATION AUGUSTA, MAINE 04333-0002
2
(207) 287-1400

1
Andrew M.
Westbrook,
Residence:
Business:

TTY:
Gattine
Street

(207) 287-4469

529 Stroudwater

ME

04092 (207) 854-3025 (207) 272-2781

Mail:

dgattine@a0l.com

March 25, 2014

Testimony of Representative Drew Gattine LD 1829 An Act to Require the Department of Health and Human Services to Report Annually on Investigations and Prosecutions of False Claims Made under the MaineCare,

Temporary Assistance

to

Needy Families and Food Supplement Programs

Before the Joint Standing Committee on Health and

Human Services

Senator Craven, Representative Farnsworth and distinguished

members of the
Gattine, and
l

Joint Standing

Committee on Criminal Justice and Public Safety, I 126 which is part of the City of Westbrook. I am here today to present LD 1829 - An Act to Require the Department of Health and Human Services to Report Annually on Investigations and Prosecutions of False Claims Made under the MaineCare, Temporary Assistance to Needy
Families and

am Drew

represent District

Food Supplement Programs.

legislation is to ensure that the states
is

The purpose of this

our

approach to managing public dollars in

human

services programs

comprehensive and well coordinated.

We have an obligation as

stewards of public funds to take action to

make

sure that public dollars are well managed,

dispensed for the purpose for which they are allocated and deliver the optimal value for the people and programs they serve. The State, through the Department of Human Services,

manages multiple programs designed to deliver public support to Maine citizens and the integrity of each of those programs must be maintained through efforts that are comprehensive, fair and based on facts. The public has a right to know that program integrity measures are in effect that
ensure that funds that support public programs are spent effectively and appropriately. Preventing and detecting fraudulent, abusive, and wasteful practices is an essential responsibility of Maine government. Fraud, waste and abuse have a negative impact on everyone involved in the system, including the recipients of services; the taxpayers who pay for them; and providers

who Work hard

in partnership with the state to provide quality care.

A failure to maintain

program integrity undermines program functioning and diverts scarce and valuable resources from their mission. It can seriously diminish public trust in the ability to deliver taxpayer-funded assistance in an accountable and transparent manner.

District l26

Westbrook

(part)
Printed on recycled paper

Program integrity includes the ght against fraud but is much more than that. A comprehensive and modern program integrity curriculum includes all of the traditional fraud, waste and abuse that: tools focusing on investigation, recovery and prosecution and recovery but also assures
-

The Department has

rules

clear policies in place to

make

sure that

all

stakeholders understand the

and expectations The Department has appropriate, well designed and well functioning systems in place to make sure that ftmds and benets are dispensed in accordance with the rules The Departments resources deployed to manage, investigate and audit these programs have the best information and tools available to them and are focused on the activities that will have the greatest scal and law enforcement impact The Department is coordinating to the maximum extent possible with other agencies, Generals office including but not limited to the federal government and the Maine Attorney

The Department

maximizing the use of technology, including technology that has already been purchased and implemented, in its program integrity efforts The Departments processes for recovering money and avoiding improper expenditures are effective, efcient and fair to all stakeholders
is

do the best job in program integrity take a measured and comprehensive approach understand that begins with a data driven assessment. You cannot solve a problem unless you what the problem is, what causes it and how to measure it. In government especially, resources will always have limits and you will always have competing priorities for administrative lnctions and unless you understand the extent of the problems and what the problem is costing

The

states that

'

you will not be able to

set effective priorities.

This legislation will require an annual report from DHHS to the Joint Standing Committees on Appropriations and Financial Affairs and Health and Human Services that will describe in detail that will allow the all of the Departments program integrity efforts along with information We already make a efforts. those of legislature to evaluate and determine the effectiveness
signicant investment in these activities and we need to be in a position where we can assess the effectiveness of that investment before we invest more. The report will focus on the MaineCare,

TANF

and Food Supplement programs. At a minimum the report will contain:

a.

A description of all of the Departments program integrity efforts (including third

party liability, estate recovery, casualty recovery and credit balance recoveries), including a description of how the Departments program integrity personnel and

resources are organized and deployed within the Department, information about the number of cases opened, the dollars identied and the dollars recovered
b.

Appropriate information regarding fraud cases referred to the Attorney Generals Health Care Crimes Unit, understanding that detailed information regarding on-

c.

going criminal investigations cannot be disclosed An evaluation of the performance of the Departments vendors with respect to the duties they perform. Are we getting good value from them and are they focused

on the

right things?

d.

Information about the Departments participation in the various national how initiatives required by the federal govermnent, such as RAC and PERM and initiatives those initiatives either support or divert resources from other important

e.

The

f.

of any federal audits of the Departments program integrity activities, including weaknesses identied or best practices identied A description of any known defects, deciencies weaknesses in any systems managed or utilized by the Department that result in the improper or inaccurate payment of claims or benets including but not limited to the Depa1tments
results

Medicaid information system, provider enrollment system or eligibility determination systems. An estimate of the nancial impact of these issues and a
timeline for
g.

when they will be xed.

A description of any plamied investments in technology contemplated by the

Department to improve its program integrity activities, including efforts to prevent improper payments before they are made A description of any policy improvements made by the Department designed improve correct and accurate payment of claims and benets
to

h.

These efforts are critically important. We have talked about them from time to time in this committee as issues and problems have come up. My sense is that in many of these areas the Department is doing very good job but in other areas we dont really have all of the information and provide the necessary to know whether or not that is the case. In order for us to do our jobs report proper level of support to the Department We need to see the complete picture and this

would be an important

tool leading us in that direction.